Reno v. Bossier Parish School Bd., 520 U.S. 471, 37 (1997)

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Cite as: 520 U. S. 471 (1997)

Opinion of Stevens, J.

gress' effort, in enacting the 1982 amendments, "to broaden the protection afforded by the Voting Rights Act." Chisom v. Roemer, 501 U. S. 380, 404 (1991).

Despite this strong evidence of Congress' intent, the majority holds that no deference to the Attorney General's regulation is warranted. The Court suggests that had Congress wished to alter "our longstanding interpretation" of § 5, Congress would have made this clear. Ante, at 483. But nothing in our "settled interpretation" of § 5, ante, at 484, is inconsistent with the Attorney General's reading of the statute. To the contrary, our precedent actually indicates that nonretrogressive plans that are otherwise discriminatory under White v. Regester should not be precleared. As neither the language nor the legislative history of § 5 can be said to conflict with the view that changes that clearly violate § 2 are not entitled to preclearance, there is no legitimate basis for refusing to defer to the Attorney General's regulation. See Presley v. Etowah County Comm'n, 502 U. S. 491, 508 (1992).

II

In Part III of its opinion the Court correctly concludes that this action must be remanded for further proceedings because the District Court erroneously refused to consider certain evidence that is arguably relevant to whether the Board has proved an absence of discriminatory purpose under § 5. Because the Court appears satisfied that the disputed evidence may be probative of an " 'intent to retrogress,' " it concludes that it is unnecessary to decide "whether the § 5 purpose inquiry ever extends beyond the search for retrogressive intent." Ante, at 486. For two reasons, I think it most unwise to reverse on such a narrow ground.

First, I agree with Justice Breyer, see ante, at 493, that there is simply no basis for imposing this limitation on the purpose inquiry. None of our cases have held that § 5's purpose test is limited to retrogressive intent. In Pleasant

507

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